The Scorpions unit should have gone through with the prosecution of Deputy President Jacob Zuma, Inkatha Freedom Party president and Home Affairs Minister Mangosuthu Buthelezi said on Tuesday.

Speaking at a Johannesburg Press Club lunch, Buthelezi said: "I think the way the Zuma saga has been handled has not been fair. I agree he has been tried by the media."

Referring to his days of studying law at Fort Hare, Buthelezi said: "The judicial process ensures the right of each man to have his day in court."

To say there is a prima facie case, but not enough evidence for a conviction, is "talking from both sides of your mouth".

Buthelezi said that should Zuma resign as deputy president, he would not accept the post if it were offered to him.

"I was offered it before and didn't take it," Buthelezi said. He would not accept in the "context of a government which can change the Constitution," he said.

"Our democracy is in great jeopardy because of the power of a political party which can change the Constitution as it sees fit, and has proven that it has no qualms to do so to pursue its own political agenda and convenience.

"The ANC controls eight provinces and is trying to control all of them. I would not want to be deputy president in that context."

Buthelezi was said to have been offered the position of deputy president by President Thabo Mbeki when he chose his cabinet in 1999.

At a weekend media conference, National Director of Public Prosecutions Bulelani Ngcuka said Zuma would not be prosecuted for corruption relating to the multibillion-rand arms deal, despite indications that there may be a case for him to answer.

"We have concluded that, whilst there is a prima facie case of corruption against the deputy president, our prospects of success are not strong enough," Ngcuka said.

According to media reports, the State is alleging that businessman Schabir Shaik paid Zuma nearly R1,2-million between 1995 and last year, and took elaborate steps to hide the origin of most of the payments.

It is also alleged that most payments can be traced back to arms-deal beneficiaries.

The reports said the allegations were contained in the charge sheet against Shaik, handed to him in the Durban Regional Court on Monday.

Zuma again proclaimed his innocence on Tuesday on corruption allegations made against him, adding that the matter was in the hands of the court.

"The presidency has noted the media reports relating to the charge sheet of Mr Schabir Shaik and references made in it relating to the deputy president's financial affairs," his office said in a statement.

The allegations made in the charge sheet were still to be tested in court when the matter goes to trial.

"The deputy president wishes to reiterate that he is not guilty of any wrongdoing or corruption, either relating to the arms deal or his financial affairs."

With acknowledgements to Sapa and the Mail & Guardian.